Asset Protection of Retirement Funds After Clark

Supreme Court decision denies exclusion of an inherited IRA from a bankruptcy estate

In the Journal of Accountancy (Vol. 218, Issue 4, October 2014), Daniel S. Rubin discusses a Supreme Court case, Clark v. Rameker, No. 13-299 (U.S. 6/12/14). The decision said that just because funds are held in an account called an individual retirement account (IRA), it doesn't necessarily mean that they are retirement funds. And if they are not retirement funds, they are not excluded from a bankruptcy estate under Section 522(b)(3) of the Bankruptcy Code.